Brent Turman in DBA's Headnotes Looks at the Evolution of the Texas Anti-SLAPP Statute

Bell Nunnally Senior Associate Brent A. Turman authored the Dallas Bar Association (DBA) Headnotes article “The Evolution of the Texas Anti-SLAPP Statute.” The piece explores Texas’ state-specific anti-SLAPP (Strategic Lawsuit Against Public Participation) statute, the Texas Citizens Participation Act (TCPA). Enacted in 2011, the TCPA was “considered one of the most defense-friendly anti-SLAPP statutes in the nation.” Turman details recent revisions to the law that went into effect in September 2019, including: carving-out various types of disputes, defining “legal actions” and excluding several causes of action from the scope of the statute; changing attorneys’ fees awards to successful movants from mandatory to discretionary; specifying the type of evidence that can be considered; and opening the door to potential shifts in the procedural timeline if the parties agree. Turman notes, “In addition to adding clarity to several provisions, the new statutory language carves out various causes of action and generally makes it less likely that a moving party will obtain recovery of attorney fees and related costs.”

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